Abstract:
The features of development and implementation of ownership mechanism of legal regulation in the
Roman private law, the principles of which were fully accepted by modern Kazakh law, and almost
all modern European codifications are considered in the article. Originating as an exception, admitted
by the Roman lawyers for regulation situations that cannot be ignored, over time, this Institute acquires
all the features of the mechanism of legal regulation of common property, the classic form of
which was share ownership. The author shows that the Roman lawyers in the relationship of common
ownership put the emphasis on external relations exactly, emphasizing the material nature of this relationship,
while the essence of corporate relations between owners themselves was ignored. The author
considers that the lack of clear regulation of internal relations between co-owners and justify their relationship
and determination the advantages with absolute external relations of the property was the
main lacuna of legal regulation of common ownership in the Roman period, which gave rise a significant
number of disputes between participants of common ownership. At the same time, the Roman
lawyers developed system of protection of participant’s rights through actions aimed at ending of
common property and compensation of expenses for the total thing and loss expenses incurred by the
participants, which made it possible to resolve these disputes effectively. At the end of the work the
author formulates the features of common ownership model in the Roman private law.
